- Who sends it
- The buyer at the trustee's sale, through the court; you are served with a summons, the complaint and a notice of trial setting
- What it starts
- A trial set within 12 days after the complaint is filed; service at least 5 days before trial
- Do this first
- Find the trial date on the notice of trial setting and call a lawyer or the Idaho Volunteer Lawyers Program today
What this document is in Idaho
Idaho Code § 45-1506(11) says the purchaser at a trustee's sale is entitled to possession on the 10th day after the sale, and anyone who stays after that, except under an interest older than the deed of trust, is a tenant at sufferance.
Idaho Code § 6-310(1) lets the buyer file an action for possession of land of five acres or less against a tenant at sufferance under § 45-1506(11). The complaint only has to describe the premises, say you are in possession, and say no notice is required because you are a tenant at sufferance. When the summons is issued, the court schedules a trial within 12 days from filing, and the summons, complaint and notice of trial setting must be served on you at least 5 days before the trial (§ 6-310(2)).
What it does and does not mean
- It does not let the buyer lock you out or remove your things on its own. The case decides who gets possession.
- No separate notice to quit is required before this case is filed against a former owner who stayed past day 10 (§ 6-310(1)(d)).
- It does not undo the sale. There is no right to redeem after a trustee's sale (state file; Idaho Code § 45-1508).
- If the buyer finds the home empty on or after day 10, it may store your ordinary belongings, but must give 90 days' written notice by mail and by posting before getting rid of them (§ 45-1506(15)).
The deadlines and how to count them
- Day 10: count calendar days from the sale date. The buyer is entitled to possession on the 10th day (§ 45-1506(11)).
- Trial: within 12 days from the date the complaint is filed (§ 6-310(2)). The exact date is on the notice of trial setting.
- Service: at least 5 days before the trial date. Count from the day you were served to the trial date.
- Larger parcels: the 12-day and 5-day rules in § 6-310 are for land of five acres or less. If your property is larger, ask a lawyer which timeline applies.
What to do this week
- Write down the trial date, time and court from the notice of trial setting.
- Go to the trial. Bring your notice of default, notice of trustee's sale, any modification letters and any letters from the buyer.
- Contact the Idaho Volunteer Lawyers Program or the Idaho State Bar Lawyer Referral Service, both listed at (208) 334-4500 in the state file.
- Use the Idaho Court Assistance Office housing forms page for court forms and guidance.
- If you need time to move, ask the buyer in writing. Get any move-out or cash-for-keys deal in writing.
- Write to the trustee about surplus money. Anything left after sale costs, the loan and later liens goes to you (§ 45-1507). See Idaho surplus funds.
The rest of the Idaho process
See how foreclosure works in Idaho, the timeline, ways to stop it and free help in Idaho, or read the national guide to this letter.
Common questions
How long can I stay in my Idaho home after the trustee's sale?
The buyer is entitled to possession on the 10th day after the sale (Idaho Code § 45-1506(11)). If you stay, the buyer files for possession and the court sets a trial within 12 days of filing, with at least 5 days' notice to you (§ 6-310(2)).
Does the Idaho buyer have to give me a notice to quit first?
No. Idaho Code § 6-310(1)(d) lets the complaint say no notice is required because you are a tenant at sufferance under § 45-1506(11).
What happens to belongings left in the house?
If the buyer reasonably decides the home is empty on or after day 10, it may store nontitled belongings, but must mail and post a 90-day written notice describing them and giving a contact before disposing of them (Idaho Code § 45-1506(15)).
Other Idaho letters
- Notice of Default (with the Notice Required by Idaho Law)In Idaho, a trustee foreclosure starts when the trustee or lender records a notice of default with the county recorder and mails you a copy. From the recording date, you have 115 days to cure by paying what is past due plus allowed costs and fees. A separate page in bold type, the Notice Required by Idaho Law, warns you about rescue offers and your 5-day right to cancel certain contracts.
- Important Notice: You are in danger of losing your property, with Modification Request FormIf your Idaho home has a homeowner's property tax exemption and your lender is state or federally regulated, the notice of default must come with this notice and a Modification Request Form. If the lender receives your form by the printed date, 30 days after the notice date, it must review it, meet or talk with you if you ask, and answer in writing within 45 days. The trustee's sale cannot happen until it answers on time.
- Notice of Trustee's SaleThe Idaho notice of sale gives the date, time and place of the trustee's auction, at least 120 days after it is mailed. It is also served or posted at the home and published in the newspaper for four weeks. Your right to cure by paying only what is past due ends 115 days after the notice of default was recorded, which can be before the sale.
- Complaint for a money judgment after a trustee's sale (deficiency lawsuit)Idaho lets a lender sue you for what is left on the loan after a trustee's sale, but only within 3 months after the sale. The complaint must state the debt, the sale price and the home's fair market value on the sale date. The court must find that value itself, and the judgment cannot be more than the debt minus that value, or more than the debt minus the sale price.